Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Clinton Morrell

Clinton Morrell

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped significantly in cost and many individual homeowners are now finding solar panels to be a cost-effective method to reduce their home energy costs. Although solar energy collection technology which will blend seamlessly into our homes and office buildings is on the horizon, today’s commercially available solar collectors are typically bulky and, as a result, highly visible. The high visibility of the solar collectors often leads community associations to adopt measures seeking to limit, or eliminate altogether, the ability of homeowners to install solar collectors on their property. However, Florida Law provides substantial protection to homeowners wishing to install solar collectors and other renewable energy devices on their properties. Specifically, Florida Statutes § 163.04(2) provides: Continue reading

Fire Sprinkler Retrofitting

Ellis_Jonathon

Jon Ellis

As you may be aware, the deadline for condominium associations to vote to forego retrofitting with a fire sprinkler system is rapidly approaching.

Section 718.112(2)(l), Florida Statutes, requires certain condominium associations to retrofit their common elements, association property, and units with a fire sprinkler system in accordance with Chapter 633 (“Florida’s Fire Prevention Code”) and any other code, statute, ordinance, administrative rule, or regulation relating to a fire sprinkler system. Compliance may require substantial costs.  To the extent an association falls within the statutory requirement to retrofit its fire sprinkler system and does not desire to undertake such project, the association can opt out of the requirement to retrofit.  Continue reading